South Korea Steel Nails: Commerce Issues Final AD Duty Determination, Jinheung Exempt
The Commerce Department issued its final determination in the antidumping duty investigation on steel nails from South Korea (A-580-874) (here). The agency calculated a zero percent rate for Jinheung and its affiliates, permanently exempting the company from suspension of liquidation, cash deposit requirements, and duty assessments under this AD duty order.
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The next step is for the International Trade Commission to make its final injury determination, currently scheduled for June 27. Commerce will only issue an AD duty order If the ITC finds injury. If the ITC finds no injury, the investigation will be terminated and all cash deposits will be refunded.
Commerce Sets New Exemption from Duties
In its final determinations, Commerce is adopting a new exemption from the scope of AD duties on steel nails from South Korea for certain nails imported as components of larger unassembled articles, as follows:
"Also excluded from the scope are certain steel nails with a nominal shaft length of one inch or less that are (a) a component of an unassembled article, (b) the total number of nails is sixty (60) or less, and (c) the imported unassembled article falls into one of the following eight groupings: 1) builders’ joinery and carpentry of wood that are classifiable as windows, French-windows and their frames; 2) builders’ joinery and carpentry of wood that are classifiable as doors and their frames and thresholds; 3) swivel seats with variable height adjustment; 4) seats that are convertible into beds (with the exception of those classifiable as garden seats or camping equipment); 5) seats of cane, osier, bamboo or similar materials; 6) other seats with wooden frames (with the exception of seats of a kind used for aircraft or motor vehicles); 7) furniture (other than seats) of wood (with the exception of i) medical, surgical, dental or veterinary furniture; and ii) barbers’ chairs and similar chairs, having rotating as well as both reclining and elevating movements); or 8) furniture (other than seats) of materials other than wood, metal, or plastics (e.g., furniture of cane, osier, bamboo or similar materials). The aforementioned imported unassembled articles are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4418.10, 4418.20, 9401.30, 9401.40, 9401.51, 9401.59, 9401.61, 9401.69, 9403.30, 9403.40, 9403.50, 9403.60, 9403.81 or 9403.89."
Estimated AD Cash Deposit Rates
Commerce will instruct CBP to continue to suspend liquidation of subject merchandise entered on or after Dec. 29 (except for Jinheung and its affiliates), and require an AD duty cash deposit equal to the following AD rates:
| Manufacturer/Exporter | AD Rate |
|---|---|
| Daejin Steel | 11.8% (from 12.38%) |
| Jinheung Steel Corporation / Duo-Fast Korea Co., Ltd. / Jinsco International Corporation | zero |
| All Others | 11.8% (from 7.26%) |
(The period of investigation is 04/01/13 -- 03/31/14. See Commerce’s notice for more information, including the scope of the investigation, detailed instructions on cash deposit rates, etc. See 1412240008 for summary of the preliminary determination of this investigation.)
(Federal Register 05/20/15)